1, the background of counterfeiting, including the social atmosphere of selling fakes and punitive damages in China's consumer law.
2. Wang Hai's anti-counterfeiting methods: (busybody-buying fake claims-knowing fake and buying fake-enterprise anti-counterfeiting, rights protection-voluntary consultation, public interest litigation. )
3. Evaluating Wang Hai's phenomenon can evaluate Wang Hai's contribution to the legal profession in China (for example, making up the class action lawsuit in China with individual lawsuit) and Wang Hai's moral duality.
4. The influence of Wang Hai phenomenon, including the influence on society and its own influence.
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The following are related searches, which I hope will be useful to you:
A fire broke out in the backyard of Wang Hai's cottage, and the former partner started a war of words.
May 24, 2004 19:00 Beijing Morning Post Review ()
A few days ago, Wang Hai's former partner, Xiao, a former reporter of Heilongjiang Daily, planned to build a famous domestic rights protection website "Wang Hai Online", and suddenly said that they would publish a book to disclose the long-standing contradiction between Wang Hai and "Wang Hai Online". At this point, a war of words about counterfeiting and safeguarding rights began.
After such an altercation, people can't help asking: What happened between Wang Hai and Wang Hai Online, and what is the contradiction between Wang Hai and the specific website operator and the current general manager of Wang Hai Online?
Fuse: "Wang Hai Online" was hacked.
The company believes that this incident was directed by Wang Hai.
"Wang Hai Online" is a professional website for rights protection, originally founded by Wang Hai and Xiao. In the past three years, this website has become a mature and successful website among many rights protection websites with professional rights protection guidance and professional rights protection services.
Recently, "Wang Hai Online" issued a statement on the Internet saying that since the afternoon of April 1 2004, Beijing Wang Hai Online Information Co., Ltd. found that the domain name (www.wanghai.com) originally pointing to Wang Hai's online website had been maliciously changed to point to the website of Beijing Dahai Business Consulting Co., Ltd. for many times. It is very shocking and incredible that this serious illegal infringement incident of illegally closing the business website of a legally registered company was actually planned and directed by Mr. Wang Hai, one of the shareholders of Beijing Wanghai Online Information Co., Ltd. and the executive director of Beijing Dahai Business Consulting Co., Ltd. On April 2, 2004, "Wanghai Online" successfully regained the right to use the domain name with legal and valid evidence in its hands. On April 4th, the use of the domain name came into effect, and Wang Hai's online website was rediscovered.
On April 29th, Wang Hai issued a statement on the website of Beijing Dahai Business Consulting Co., Ltd., saying that Wang Hai Online Company defrauded my authorization by fraudulent means, and there was no legal basis for Wang Hai Online Company to use my name and domain name. After many unsuccessful negotiations with the other party, I have entrusted lawyer Hou to revoke the relevant authorization and recover the right to use the domain name. I will take back the right to use wanghai.com domain name and Wang Hai's online website and company name at any time.
Zhuo Zhi Jr.: The origin of contradiction is "no potential"
On this ground, Wang Hai expressed dissatisfaction with "Wang Hai Online".
Novel, at that time, when preparing to set up an internet company, Wang Hai himself was unable to set up an internet company. Later, someone invested, and Wang Hai became a shareholder with a personal trademark. As confirmed in the Contract for Cooperative Establishment of Network Companies signed by both parties, Wang Hai holds 20% of the shares. In June of 20001year, the complaint department of "Wang Hai Online" was formally established. In August of 20001year, "Wang Hai Online" successfully completed several wonderful cases: "Why did professional counterfeiters entrust" Wang Hai Online "to claim compensation?" "Enlightenment from computer complaints and disputes" and "Claim experience of counterfeit printing paper". Finally, "Wang Hai Online" explored an exclusive and distinctive business model that provides rights protection services and rights protection guidance for the whole society.
George W. Zhuo Zhi blamed the dispute between the two sides on the website's "Xiangwu Stone" incident. In 2002, CCTV's 3. 15 party exposed "Fake foreign devils to our teacher", and "Wang Hai Online" soon received a large number of consumer complaints and emails asking for agency rights protection. "Wang Hai Online" and lawyers jointly launched the agency service of collective consultation and collective rights protection to help consumers seek justice. At the end of March of the same year, "Wang Hai Online" specially set up the topic of "Collective Rights Protection to Wu" on the homepage of the website. On April 2 of the same year, the acceptance methods and procedures of the collective rights protection lawsuit of Xiangwushi came up. On April 3 of the same year, Wang Hai called to express his dissatisfaction. After "Suggestions" and "Wang Hai Online", do not look for other lawyers for such events with great influence and high media attention, and let him receive reporters. Since then, Wang Hai put forward that "the website is beyond the scope of operation" violated his "original intention", and the two sides launched a war of words.
Little Zhuo Zhi: There is a ghost behind Wang Hai.
Wang Hai has set up another company to get back the domain name of "Wang Hai Online".
Nicknamed, after 65438+ in February, 2002, Wang Hai and Wang Hai Online quietly transferred the domain name that had been invested at a fixed price and authorized to be used and managed by Wang Hai Online to the new network, in order to get back the domain name that Wang Hai Online had carefully created and appreciated.
At the same time, the website of Wang Hai's Dahai Company was established, using the domain name of wanghai.net, which is very similar to that of wanghai.com. Since then, Wang Hai has repeatedly issued a "notice" to "Wang Hai Online" to withdraw the domain name and name use.
Fiction, as one of the shareholders, must not have similar operations. After the establishment of "Wang Hai Online", Mr. Wang Hai set up the website of Dahai Company, which has violated the relevant provisions of the Company Law and directly infringed on the interests of "Wang Hai Online" and other shareholders. In addition, although Wang Hai claimed that the domain name belonged to him, he had to go through legal procedures to get back what he had sold. Forcing him back is tantamount to robbing him. Moreover, Wang Hai claimed that being cheated was an infringement of "Wang Hai Online". Therefore, if things can't be solved reasonably, they will resort to law.
Wang Hai: Wang Hai Online infringes.
The investor of this website has not fulfilled the contract, so he has no right to use his name.
Wang Hai expressed different opinions about the small statement. Wang Hai said that he did sign the Contract for Cooperative Network Company with Harbin Zhongtai Company on February 7, 2000, but it was later found that Zhongtai Company failed to perform the contract, so Wang Hai Online Company had no right to use the name of Wang Hai Online Company, the name of Wang Hai Online Website and the domain name of wanghai.com.
Wang Hai pointed out that in addition to no actual investment, he also found that the business scope changed by Wang Hai Online Company without authorization seriously exceeded the contract. The business scope agreed in the contract is e-commerce, which cannot exceed the agreement, but the business scope of Wang Hai Online Company has been infinitely expanded.
Lawyer Wang Hai: Wang Hai has the right to take back the domain name.
It is hoped that both sides of the contradiction will settle their grievances through consultation.
When the reporter interviewed Wang Hai yesterday, Wang Hai happened to be in the field, so he entrusted a lawyer to be interviewed by the reporter. The latter domain name belongs to Wang Hai, and he has the right to take it back. Wang Hai invested in the domain name. At that time, both parties agreed on the scope of use of the intangible assets. Hou summed up the reasons for the conflict between the two parties as two points: First, the shareholders of Wang Hai Online transferred their shares without telling Wang Hai, the shareholder who holds 20% of the shares. Another reason is that the business scope of domain name is beyond the contract.
Lawyer Hou said that when the company was founded, Xiao was on Wang Hai's side, but now he turned against Wang Hai. Wang Hai wants the domain name back, and Zhuo Zhi wants to destroy it now. However, he still hopes that the two sides can negotiate to calm the growing contradictions in the past two years, and said that after recovering the domain name, they will set up a free announcement for each other.
The Origin of the Background Link "Wang Hai Online"
1April, 998 12, Wang Hai went to Harbin to crack down on counterfeit goods. Xiao Ye, then a reporter of Heilongjiang Daily, met Wang Hai in Harbin Hotel that night. On September 20, 2000, Wang Hai smashed a police station in Nanning and was sent to a local mental hospital for observation and diagnosis. Ms. Xiao flew to Nanning to personally draft "Mr. Wang Hai apologizes to the people of the whole country", which curbed many negative reports. On June, 2002 1 65438+1October1,Xiao officially went to Beijing to help Wang Hai check the gate and build "Wang Hai Online". (Source: Beijing Morning Post)
Wang hai's anti-counterfeiting makes the elimination of law deeply rooted in people's hearts
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Release date: September 2006 19 Source: Court Newspaper Author: Tang Tao Editor's Input: Xu Can.
Before 1995, I'm afraid that only a few people who know the law would claim the right that "the operator should be defrauded in double indemnity". This year, a claim incident caused by a person named Wang Hai made more people wake up from a dream to know the Consumer Protection Law, which has been implemented for more than a year, and firmly remember the punitive provisions of Article 49.
1995165438+1October 24th, Saite Club, Jianguomenwai Street, Beijing.
The emblem of "Stop Fraud and Implement double indemnity Symposium" is particularly eye-catching. The organizers of the symposium are China Consumers Association and China Consumer Newspaper. In addition to some businessmen in Beijing, there are also leaders of authoritative departments such as the State Administration for Industry and Commerce, the State Bureau of Technical Supervision, and the NPC Political and Legal Committee. The central topic of the meeting was to discuss Wang Hai, who was famous for "knowing and buying fakes" in Beijing not long ago, so as to discuss the popularization of China's consumer protection law.
On this day, Shandong young man Wang Hai had an unexpected harvest: after the meeting, his distinctive anti-counterfeiting behavior and social influence were called "Wang Hai phenomenon" by the participants.
1 1 years later, the "Wang Hai phenomenon" is no longer noticeable, but the name Wang Hai is firmly embedded in the list of "pioneers in popularizing consumer law".
12 who will pay for the fake headphones?
At the beginning of 1995, Wang Hai, who accompanied someone to Beijing for an exam, came across "Jiefa" in the bookstore.
After buying it home and turning over a few pages, Wang Hai's eyes are firmly locked in Article 49: "If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services." Wang Hai, full of personality, became interested in this regulation.
On March 25th, Wang Hai came to Beijing Long Fu Building with the idea of "try it". In the telecom shopping mall on the second floor, Wang Hai pegged a Japanese Sony headset with a price tag of 85 yuan. Careful Wang Hai found that the name of another Japanese company was printed on the package of this Sony headset. He suspected that it was a fake. Wang Hai, who hesitated at first, finally took out his wallet and spent 170 yuan to buy two pairs of headphones.
It is easy to buy fake headphones, but it is more difficult to return them. Wang Hai's first stop was the Consumer Association in Dongcheng District, Beijing, but his search was unsuccessful. The staff of Beijing Consumers Association told Wang Hai on the phone that they should send the goods to the Technical Supervision Bureau for identification before looking for the Consumers Association.
Wang Hai's reply from the Technical Supervision Bureau is that the authenticity of headphones should be sent to Sony for identification.
Sony's Beijing office confirmed that the headphones were fake, but said that in order to get the written certificate from the office, the court or the industrial and commercial department needed to intervene. This made Wang Hai very disappointed. After careful consideration, he decided to buy another pair of 10 headphones and go to the industrial and commercial bureau to "spell" it again.
Dongcheng District Industrial and Commercial Bureau, which received 12 headphones, found Wang Hai one month later: the claim is a civil dispute, and the industrial and commercial bureau has no right to interfere and can only mediate.
Long Fu Mansion said that the last pair of 10 headphones belonged to "knowing the fakes and buying fakes", and only returned them without compensation.
"Knowing and buying fakes" caused a storm
The concept of "fraud" in civil law has three elements, one is subjective intention, the other is fraud, and the third is wrong judgment of others.
Reminiscent that his claim was rejected, Wang Hai concluded that the reason why the claim was unsuccessful was mainly due to poor planning, which made people know at a glance that they were buying fakes. Since you know the fake and buy the fake, there is no such thing as misjudgment. It is also reasonable for the merchant not to pay for the second purchase of 10 headphones.
However, when he looked closely at the "consumers have the right to supervise" stipulated in Articles 6 and 9 of the Consumer Law, new confusion appeared again: one of the ways to exercise the right to supervise is to report. If consumers don't buy fake and shoddy goods, how can they report it?
After careful consideration, Wang Hai wrote a letter to China Consumer News, which reflected his experience of being denied a claim.
On August 4th, 1995, "China Consumer News" took "Diao Min? Smart consumers? A special discussion was held on the topic of Wang Hai's claim.
After the manuscript was published, it aroused strong repercussions in the society. He Shan, a civil law expert who was then an inspector of NPC Law Committee and one of the drafters of Consumer Law, made it clear that the stipulation of double indemnity means that consumers can make a lot of money by buying fake goods. Long Fu Building has no right to control the purpose of consumers to buy goods. Shopping malls can't sell fakes first.
At that time, Liang Huixing, director of the Civil Law Office of the Institute of Law, Chinese Academy of Social Sciences, believed that consumers had known that this type of earphone was a fake before they bought it for the second time, which was not a misjudgment, and Long Fu Building did not constitute fraud. If Long Fu Tower double indemnity is allowed, consumers will get improper benefits.
The debate between the pros and cons has begun, and it is still inconclusive.
65438+On February 5th, Beijing Long Fu Mansion agreed to put 10 pairs of counterfeit headphones in double indemnity after 8 months' delay. At the same time, Long Fu Mansion has decided that from June 65438+February, all customers who buy fake goods will be compensated twice according to the elimination method after being confirmed by relevant departments, with a reward of 100 yuan.
Wang Hai won.
"Wang Hai Phenomenon" became popular in China. In the same year, due to the Wang Hai incident, China Consumer Protection Foundation set up the "Consumer Counterfeiting Award". 199565438+February 15 foundation held a press conference. At the meeting, Wang Hai not only won a prize of 5,000 yuan, but also won the reputation of "the first person to crack down on counterfeiting in China".
Counterfeiting and going astray?
□ Tang Tao
It should be admitted that the market economy gave birth to Wang Hai; Wang Hai gave birth to people's awareness of counterfeiting. Undeniably, the irregular market economy has led to the "Wang Hai phenomenon"; "Wang Hai Phenomenon" leads to the "post-Wang Hai Phenomenon" in which groups and individuals specialize in "commercial counterfeiting".
Today, the ugly phenomenon of "making and selling fake goods" is still everywhere: clothes that can't be worn, things that can't be eaten, houses that can't be lived in, and fake and shoddy goods exist in almost every field. When the term "fake and shoddy" appears, we can see to what extent our requirements for commodity quality have retreated. In this case, we are grateful to Wang Hai and the exemplary strength brought by the struggle against the weak enemy. Most of us have used excuses such as "afraid of trouble", "too lazy to argue" and "not worth it" to silence fakes.
After 1995, we remembered the name Wang Hai, and therefore firmly remembered Article 49 of the Consumer Law. It is rare for a law to reach such a level of concern in society.
With the deepening of anti-counterfeiting, Wang Hai set up his own company in Beijing. The company's business is naturally based on counterfeiting and rights protection. At one time, the word "counterfeiting" was closely related to "Wang Hai", while the departments of industry and commerce and technical supervision retreated behind the scenes. After Wang Hai, similar organizations specializing in counterfeiting have mushroomed. The topic of media controversy is whether "counterfeiting for a living" conforms to legal and moral standards. After more than ten years, the doubts once seemed to be confirmed one by one: Wang Hai was suspected of cooperating with anti-counterfeiting enterprises, Wang Hai was crazy in Guangxi, and Wang Hai advocated anti-counterfeiting industrialization ... A series of news all pointed to the "seven inches" of this characteristic anti-counterfeiting. Do the motives and results of anti-counterfeiting activities permeate more interest factors within the scope of simple rights protection? What effect does this have on improving the crisis of trust in the whole society?
Success is also Wang Hai, and failure is also Wang Hai. Of course, it's not all Wang Hai's fault. When we look back on the ten-year anti-counterfeiting process, we have reason to believe that anti-counterfeiting should not start from Wang Hai, let alone end with Wang Hai. The fundamental solution is the coordination of various forces, the perfection of the system, the implementation of the law and the will of the whole people.
In 2005, Wang Hai set off a "counterfeiting storm" in An, claiming that Yang Kui, the general manager of An Lifan, was the first person to falsify construction machinery in China. On April 6 of that year, Yang Kui took him to court and demanded that Wang Hai compensate for the economic loss of 50,000 yuan. The picture shows Wang Hai leaving the court after the trial. Zhao Bin /CFP